The McCain Rapist Protection Act of 2006

Man, it should not be too difficult to rouse opposition tothis bill.

In the bill, rape is narrowly defined as forced or coerced genital or anal penetration. It utterly leaves out other acts, as well as the notion that sex without consent is also rape, as defined by numerous state laws and federal law. That is the more likely case in a prison, where a helpless inmate would be unlikely to resist the sexual overtures of a guard or interrogator.

The section on sexual abuse requires that the act include physical contact. Thus it might not include ordering a terrified female prisoner to strip and dance, which happened in Rwanda, or compelling a male prisoner to strip and wear women’s underwear on his head, or photographing naked prisoners piled together, both of which happened at Abu Ghraib.

Rhonda Copelon, a professor of law at the City University of New York who was an author of the international law on rape as a war crime, says the bill also could make it impossible to prosecute rape or sexual assault as torture, because the definition of torture in the legislation requires proof of specific intent to commit the crime. Motive is very hard to prove in cases of rape or sexual assault.

Experts on sexual violence fear that the intent is to absolve American soldiers and their commanders from prosecution for deeds that have occurred since Sept. 11. Ms. Copelon also points out that the United States has been trying for years to write a specific intent requirement into international law on torture. The co-authors of the bill, Senators John McCain and Lindsey Graham, did not respond to questions about the section.

4 thoughts on “The McCain Rapist Protection Act of 2006

  1. Remember the stories about the little boys being raped at Abu Ghraib? How people heard them screaming?
    This is about letting those soldiers or CIA officers or whoever it was doing that off the hook.
    They’re going to let those people get away with raping little boys.
    Little boys.

  2. OK, I’ve e-mailed my Republican Senators and my Democratic congressman. What else can I do?
    I called on Rep. John Lewis to speak out loudly against this – I suspect he will, but will it be heard?
    My e-mail to my senators:
    Mr. Isakson, I am writing to try to speak out against any efforts to “legalize” torture – which is how I view the current Senate “compromise”. I believe Americans need to stand up and make it clear that we do not condone torture of any kind and that we do not need to “define” it in order to provide cover for any horrible acts that may have been committed in the name of our country.
    I continue to be sickened by the claim that we need to be able to use extraordinary means to win the “war on terror”. We do not. As far as I am concerned, the continuing disregard of human rights by the current administration means we have already lost such a “war”…because we are also guilty of terror. The only way to win such a “war” is by continuing to uphold human rights.
    If this were such a Christian country as our leaders claim, this would not even be up for discussion. It is time to stop blindly following the current administration and find some leadership that understands effective government. I am not likely to vote Republican anytime soon after seeing what has happened to our country in the last few years since Republicans have had power. I am truly saddened to see how far we have fallen.

  3. My God, all of this stuff makes me ashamed to admit to being an American. I understand more and more why Bush and Putin get along so well. Where Clinton’s goal was to swing Putin more towards our human decency standards, Bush’s goal was obviously to swing American towards the former KGB human decency standards (none). This is one goal Bush has been successful at.

  4. and now they want to attach it to WARRANTLESS ‘eavesdropping’.
    SO MUCH FOR RULE OF LAW! i am close to raming every car/vehicle with a W sticker. but i no longer drive a 70’s oldsmobile ooooh, it woulda been fun to do it in the 73’chrysler New Yorker! that one had HUGE rubber baby bumpers! and a 450 engine i think.sigh. that would be fun.

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